Full question:
Can my S.S.I. money be garnished by credit card judgments that are against me?
- Category: Debts and Credit
- Date:
- State: Maryland
Answer:
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from garnishment, assignment, or levy. There are five exceptions to this rule:
- Section 459 of the Act (42 U.S.C. 659) allows garnishment for child support and alimony.
- Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) permits levies to collect unpaid federal taxes.
- Section 3402 (P) of the Internal Revenue Code allows beneficiaries to have a percentage of their benefits withheld for federal income tax liabilities.
- The Debt Collection Act of 1996 (Public Law 104-134) allows withholding to pay non-tax debts owed to federal agencies.
- The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the IRS to collect overdue federal tax debts by levying up to fifteen percent of monthly payments.
Once Social Security benefits are paid, they remain protected under Section 207 as long as they can be identified as such in your bank account. For example, having a separate account for SSI deposits can help maintain this protection. If a creditor attempts to garnish your Social Security check, inform them that benefits cannot be garnished unless one of the exceptions applies. You may also want to notify your bank and seek legal assistance if necessary.
Note: Supplemental Security Income payments cannot be levied or garnished.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.